AG: Backlog of 100,000 traffic cases

“The average person in Trinidad and Tobago now says, ‘Well what have I got to show for efficiency for that kind of expenditure?’” he said.

Al-Rawi spoke in the House of Representatives as he presented the Bill to amend the Motor Vehicles and Road Traffic Act to decriminalise a number of road traffic offences to violations, implement a red light camera system, implement a demerit points system, and reform the fixed penalty system and related matters.

Noting that TT has been wrestling with a crime situation for some years, he said, over the past seven years, some main ministries spent $26 billion alone. From 2010 to 2015 the sum spent across five ministries was also $26 billion.

“When you add the cost of the TTPS spent for seven years, you are looking at close to $15 billion,” he said.

Speaking of the bill which was recently passed in the Senate, Al-Rawi said,it proposes to decriminalise an annual 100,000 traffic cases in the magistracy and convert them to violations.

Converting the categories of over 40 offences to traffic violations, he said, does not include serious offences such as causing death by dangerous driving, dangerous driving, and driving under the influence of alcohol among others. He noted that while TT was using breathalysers, the United Kingdom has moved on to the use of “drugalysers.” In addition, the bill will create three new clauses to provide for the use of technology to monitor traffic and to pay fines.

An improved system to manage the traffic violations, he said, would be done by applying the use of technology, electronic payments, removing the restriction of boundaries for charges among other measures.

The magistracy, he said, is comprised of a very limited pool of resources.

“We have 48 sitting magistrates, 38 of whom sits in the criminal courts, nine judges sitting in the criminal High Court and a total of 30 judges at the level of the High Court level, and 11 justices of appeal,” he said.

There are 14 main magisterial courts.

In general, he said, “On average there is anywhere between 126,000 cases a year up to a higher amount of 140,000 a year passing through the magistracy.” Statistics show that preliminary inquiries and indictable offences, he said, “particularly on the criminal side, only six per cent of the people who are charged on a yearly basis are in fact given a verdict by the court.” The other 94 per cent, he said, “are subject of charges that go into the backlog.” Excluding San Fernando and Tobago, he said, there are currently 67,925 traffic matters, but the statistics for San Fernando and Tobago will take it up to 100,000 matters.

The reason why these matters are in arrears, he said, is because the current system of law converts offences into crimes.

The administering of traffic offences including the use of attorneys, issuing warrants and hearing of cases, Al-Rawi said, take up hundreds of thousands of man hours that could be better used elsewhere.

He was told by the Judiciary, that of the 68,000 cases, excluding San Fernando and Tobago, some have been outstanding for more than 11 years.

Fines for traffic offences collected between 2010 to 2015 were $250 million.